A00365
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
333
Session of
2015
INTRODUCED BY EICHELBERGER, BOSCOLA, SCARNATI, ARGALL, GORDNER,
WAGNER, FOLMER, MENSCH, VULAKOVICH, GREENLEAF, STEFANO,
VANCE, ALLOWAY, WHITE, AUMENT, YUDICHAK, RAFFERTY AND BROWNE,
FEBRUARY 12, 2015
SENATOR HUTCHINSON, LOCAL GOVERNMENT, AS AMENDED, MARCH 3, 2015
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, IN PREEMPTIONS, providing for leave
and compensation mandates.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 305. Leave and compensation mandates.
(a) General rule.--A municipality may not:
(1) enact or administer a mandate requiring an employer
to provide an employee or class of employees with vacation or
other forms of leave from employment, paid or unpaid, that is
not required by Federal or State law; or
(2) require an employer to compensate an employee for
any vacation or other forms of leave for which Federal or
State law does not require the employee to be compensated.
(b) Inconsistent mandate.--This section may not be construed
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to invalidate a mandate enacted by a municipality prior to the
effective date of this section JANUARY 1, 2015 . A mandate
enacted by a municipality that is inconsistent with this section
and enacted after the effective date of this section JANUARY 1,
2015, is void.
(c) Applicability.--This section shall not apply to a
mandate enacted by a municipality affecting vacation or other
forms of leave for an employee or class of employees of the
municipality itself.
(d) Construction.--The provisions of this section may not be
construed to establish a new mandate relating to compensation,
vacation or other forms of leave from employment by a
municipality.
(d) Relief.--A person adversely affected by the prohibition
under subsection ( a) may seek declaratory or injunctive relief
and actual damages in an appropriate court. A court shall award
reasonable expenses to a person adversely affected in an action
under this subsection.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Employee." As defined in section 3 of the act of January
17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.
"Employer." As defined in section 3 of The Minimum Wage Act
of 1968.
"Municipality." A county, city, borough, incorporated town,
township, home rule charter, optional charter or optional plan
municipality, school district or a similar general purpose unit
of government that may be created by the General Assembly.
"Person adversely affected." Any of the following:
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(1) A resident of this Commonwealth.
(2) A person who otherwise has standing under the la ws
of this Commonwealth to bring an action under subsection (d).
(3) A membership organization in which a member is a
person described under paragraph (1) or (2).
"Reasonable expenses." The term includes, but is not limited
to, attorney fees, expert witness fees, court costs and
compensation for loss of income.
SECTION 2. THE ADDITION OF 53 PA.C.S. § 305 SHALL APPLY
RETROACTIVELY TO JANUARY 1, 2015.
Section 2 3. This act shall take effect immediately.
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